Updated Wednesday afternoon
Update
The report is available for download from Mazars, who carried out the study.
Church of England diocesan benchmarking study
Ruth Gledhill writes about it on her blog: One quarter of CofE dioceses ‘in the red’, new study shows
There are stories in today’s papers about a report on diocesan finances commissioned by the Church of England.
Ruth Gledhill and Alexandra Frean in the Times Church of England clergy asked to cut costs as recession takes toll
Alastair Jamieson in the Telegraph : Church of England ‘should prepare for staff cuts to deal with deficits’. One quarter of Church of England dioceses are running deficits, according to a report that suggests parishes prepare for staff cuts that could affect pastoral care and worship.
The Times offers this case study: Bath and Wells diocese sells family silver to tackle £2.5m deficit.
5 CommentsThe Church of England has responded to the BBC’s proposals for the future strategy of the corporation. Their press release, Church calls for BBC to go back to the future in its public service mission, is copied below the fold. The full response is online here.
Mark Sweney writes in The Guardian that Church of England voices fears over BBC cutbacks. Corporation’s strategy review could result in fewer religious programmes and less content online, says C of E.
1 CommentAffirming Catholicism has issued this response to the proposals of the Report on Women Bishops published on Saturday.
PRESS RELEASE
10/05/10
Affirming Catholicism welcomes the Report of the Women Bishops Revision Committee which was published on Saturday 8th May 2010 (see http://www.cofe.anglican.org/news/pr4210.html). Our gratitude and thanks are due to all those who served on the Revision and Steering Committees which have enabled the Church to come to this point. Now is the time to move forward, in line with the proposals, so that women can take their full place within the Church of England’s ministry.
As the Report says, the legislation proposed “will, for the first time, enable women to be admitted to all orders of ministry. By preserving intact the authority of the diocesan bishop it will avoid any changes in the historic understanding of that office and of the episcopate more generally. And by making statutory arrangements for those with theological difficulties it will endeavour to preserve that broad and comprehensive character of the Church of England that is one of its defining and most attractive features.” (para. 459)
The Chair of Affirming Catholicism, Rev’d Jonathan Clark, said, “The Report bears witness to the careful exploration of the many and complex issues surrounding this legislation, and to the desire of all the members of the Church to retain the highest possible degree of unity. We recognise with sadness that many traditionalist Catholics do not believe that the provision for those who disagree is adequate to their needs. For those many Catholics in the Church of England who affirm the ordained ministry of women, though, this is good news – and we encourage the General Synod to move forward in working with these proposals.”
Affirming Catholicism has always stated its desire both to see women admitted to the episcopate, and also to include within the Church those who oppose that decision. We continue to affirm that the Church cannot remain as one body if it is divided into two parts, one of which does not recognise the ministry of the other. We are encouraged that the proposed legislation preserves the Church’s integrity, and thus serves its mission.
3 CommentsUpdated Tuesday afternoon
We linked to the announcement of the publication of the report of the revision committee on the legislation to enable women to be bishops in the Church of England on Saturday.
The Church Mouse has some comments from Pete Broadbent, one of the members of the committee: Bishop Pete Broadbent on the draft measures to allow women bishops
Mouse draws our attention to two statements issued by Forward in Faith UK.
FiF reacts to Revision Committee Report
Further reaction to Revision Committee Report
The second of these is from three members of the revision committee.
We have already posted the views of WATCH and some early press reports.
Update
Reform has said that Report on Women in the Episcopate “provides no adequate framework” and sent a letter to every bishop.
The General Synod of the Anglican Church in Aotearoa, New Zealand and Polynesia debated the proposed Anglican Covenant today (Monday). Anglican Taonga has a number of reports of the debate.
‘Fear not’ says Bishop Victoria
Covenant section seen as ‘punitive and unAnglican’
Covenant wins partial approval
The text of the Covenant is online here.
There are also these reports of weekend events at Synod.
Mission means mobilizing for justice, say Archbishops
Octopus or hammerhead? The Synod sermon
Archbishop Jabez gets pride of place at powhiri
Martha Linden of the Press Association via The Independent Church faces fresh turmoil over women bishops
Christian Today CofE gears up for debate on women bishops at July Synod
Ruth Gledhill and Jack Grimston in the Times Draft law opens way for first women bishops by 2014
Jonathan Wynne-Jones in the Telegraph Church faces turmoil over plans for women bishops
41 CommentsWATCH (Women and the Church) has issued this initial response to the proposals of the Report on Women Bishops published today.
WATCH encouraged by draft legislation on Women Bishops
WATCH is very encouraged by the Report of the Women Bishops Revision Committee which was published today, Saturday 8th May (see http://www.cofe.anglican.org/news/pr4210.html). It proposes that women should be consecrated as bishops on the same basis as men. WATCH has argued for this for the last fifteen years, as there are sound theological reasons for it as well as scriptural warrant: the first chapter of Genesis says we are all made in the image of God, both male and female, and St Paul says that in Christ there is no male or female.
WATCH will be studying the details of the Report carefully over the coming days and will give a fuller response in due course. Our initial reaction is that we hope that the draft legislation will be approved by General Synod substantially as it stands in July and then be sent out to the 44 dioceses of the Church of England for them to debate and approve; which is the next stage in the legislative process.
A major concern of the Revision Committee has been how to draft legislation that does not create second-class bishops and yet enables those opposed to women bishops to remain in the Church. We are pleased that the Revision Committee has found a way forward that acknowledges their position, because it has never been the aim of WATCH to exclude those with a differing conscience. However, it is now right for the Church of England as a whole to accept women and men as equal before God in all parts of its ministry.
10 CommentsThe LGBT Anglican Coalition has issued this press release welcoming the forthcoming consecration of Diane Bruce and Mary Glasspool as bishops in Los Angeles.
LGBT Anglican Coalition Rejoices at Los Angeles Consecrations
The LGBT Anglican Coalition rejoices that Diane Bruce and Mary Glasspool will be consecrated as bishops in Los Angeles on the 15th May.
The Revd Diane Bruce and the Revd Mary Glasspool were each elected by large majorities of the laity, clergy and bishops of the Diocese of Los Angeles. Subsequently, their elections were confirmed by clear majorities, both of the bishops with jurisdiction in The Episcopal Church of the United States and of the standing committees of that church’s dioceses.
We rejoice that two more women will become bishops in the Anglican Communion. We send them our congratulations and welcome them as bishops with the many gifts that each will bring to the church.
We are deeply sorry that the reaction from some within the Church of England to the election of Mary Glasspool has been negative.
A great many people within the Church of England are unequivocally supportive of The Episcopal Church in being open to the election of bishops without regard to gender, ethnicity and sexual orientation. We pray that the Communion at large will grow in confidence and maturity, so that it can learn to celebrate both those things which hold us together and those things over which we disagree.
We agree with the Chicago Consultation that:
“As a bishop, she is no threat to the work of God, or to Jesus’ commandment that we love our neighbour as ourselves.”
Honouring the relationships and ministries of lesbian, gay, bisexual and transgender Christians, is, in the end, the only way in which the Anglican Communion can be faithful to the Gospel of Jesus Christ. We hope that the whole Anglican Communion will come to acknowledge and celebrate the diversity we have among us.
We endorse the recent words of Presiding Bishop Katherine Jefferts Schori addressed to the primates of the Anglican Communion concerning Mary Glasspool’s election and confirmation:
“It represents a prayerful and thoughtful decision, made in good faith that this Church is ‘working out its salvation in fear and trembling, believing that God is at work in us’ (Philippians 2:12-13).”
The LGBT Anglican Coalition is “here to provide UK-based Christian LGBT organisations with opportunities to create resources for the Anglican community and to develop a shared voice for the full acceptance of LGBT people in the Anglican Communion”.
The Coalition members are:
Accepting Evangelicals
Changing Attitude
The Clergy Consultation
Courage
The Evangelical Fellowship for Lesbian and Gay Christians
Inclusive Church
The Lesbian and Gay Christian Movement
The Sibyls
updated Saturday lunchtime to add Colin Slee’s article
Colin Slee writes a Face to faith article for The Guardian: A haven from crisis. Disillusioned Catholics can find solace in a church that combines tradition and modernity.
This week’s question at The Guardian’s Comment is Free belief is Is intelligent design bad theology?
Here are the responses.
Steve Fuller Science in God’s image The greatest scientific advances presuppose something that looks very like the mind of God.
Michael Ruse Intelligent design is an oxymoron Intelligent Design theory is a mountain of waffle resting on analogy. Neither scientists nor believers should touch it.
Mark Vernon Bad science, bad theology, and blasphemy ID is indeed bad theology. It implies that God is one more thing along with all the other things in the universe.
Geoffrey Rowell writes in a Credo column for the Times about Encountering divine love in the desert and in Norwich. The mystic Julian of Norwich discovered the depth of God’s love during sixteen divine apparitions.
Also in the Times Ruth Gledhill writes about Church factions in theological battle for soul of Cardinal Newman.
Christopher Howse looks at the history of rented seats in the UK’s churches in a Sacred Mysteries column in the Telegraph: Renting the best seats in church.
Giles Fraser wrote this for the Church Times before Thursday’s general election: It’s time to prepare for lean years. But this is only available to subscribers. This might be a mistake so look again on Monday after the Church Times office opens.
7 CommentsThe General Synod revision committee on the legislation to enable women to be bishops has completed its work and their report is published today, together with a draft measure and canon. The report will be debated at the July meeting of General Synod.
Here is the official press release.
Stage set for key July debates on legislation to enable women to be bishops
8 May 2010
The Church of England has today published the 142-page report of the Revision Committee that has been considering in detail the draft legislation to enable women to become bishops in the Church of England. Also published is an amended version of the draft, eleven clause Measure and associated draft Amending Canon.
The Committee has met on 16 occasions over the past 12 months and considered 114 submissions from members of the General Synod and a further 183 submissions from others. After much discussion the Committee rejected proposals aimed at fundamentally changing the approach of the legislation, whether by converting it into the simplest possible draft Measure or by creating more developed arrangements – whether through additional dioceses, a statutorily recognised society or some transfer of jurisdiction – for those unable to receive the ministry of female bishops.
As indicated to the General Synod in February 2010 (scroll to p6), the draft legislation continues to provide special arrangements for those with conscientious difficulties by way of delegation from the diocesan bishop under a statutory Code of Practice. The legislation has been amended in a number of detailed respects. Provision for statutory declarations by bishops unable to take part in the consecration of women as bishops or their ordination as priests has been removed as has an obligation on the Archbishops to nominate particular suffragan sees to be occupied by those who do not consecrate or ordain women.
Added to the Measure are new provisions requiring each diocesan bishop to draw up a scheme in his or her diocese that takes account of the national Code of Practice and provides local arrangements for the performance of certain episcopal functions in relation to parishes with conscientious difficulties. A further new provision allows such parishes to request, when there is a vacancy, that only a male incumbent or priest-in-charge be appointed.
It is expected that much of the July group of sessions of the General Synod in York (9-13 July) will be devoted to debating the Revision Committee’s report and conducting the Revision Stage of the legislation. This is the moment (equivalent to a parliamentary Report Stage) when all 470 members of the Synod have the opportunity to consider the draft legislation clause by clause and to vote on proposed amendments. Proposals rejected by the Revision Committee can be debated afresh at the Revision Stage.
Once the Revision Stage has been completed – and provided the Synod does not decide that further work is necessary in Revision Committee – the draft legislation will have to be referred to diocesan synods and cannot come back to the General Synod for final approval unless a majority of diocesan synods approve it.
The earliest that the legislation could achieve final approval in Synod (when two-thirds majorities in each of the Houses of Bishops, Clergy and Laity will be required) is 2012, following which parliamentary approval and the Royal Assent would be needed. 2014 remains the earliest realistic date when the first women might be consecrated as bishops.
There are some notes attached to the press release, and these are copied below the fold.
27 CommentsThe Christian Post has published a very lengthy article titled New Power Brokers Discuss Future of Anglicanism.
Paul Bagshaw has written about it, in a blog article No clear view of the Covenant from the South. He begins:
Singapore based The Christian Post has kindly set out the views of the Primates at the recent Global South Encounter concerning the Covenant in an article by Edmond Chua entitled New Power Brokers Discuss Future of Anglicanism.
I make the vote:
Yes 1
No 0
Depends on the Covenant / still negotiate 3
No clear statement 5 and (based on the tone of comments) probably no 2, probably yes 3It was clear that the Global South leaders do not agree on the matter, despite a statement prior to the meeting that 20 Provinces would be expected to endorse the Covenant…
Related to these views, Anglican Mainstream has published the views of Chris Sugden from the May issue of Evanglicals Now. This is in an article headed The Covenant, Canterbury and Persecution. The latter is a reference to Nigeria. His comments include this:
14 Comments…The UK website group Fulcrum have now recognized that TEC was dishonest from the beginning. But they are still blinded by the belief that Canterbury remains the key to the unity of the Communion and the integrity of orthodox faith in the Communion.
The real issue is not the Covenant, but the Archbishop of Canterbury. His track record in protecting and including TEC is obvious – namely reneging on the agreements at Dromantine (so that TEC was present at the ACC in Nottingham), inviting the consecrators of Gene Robinson to Lambeth ( in advance of the conclusion of the Dar-es-Salaam timetable), and undermining the debate at the ACC in Jamaica which would have mandated a covenant with sanctions…
The General Synod of the Anglican Church in Aotearoa, New Zealand and Polynesia will meet from 8 to 13 May.
Anglican Taonga, the “communications arm of the Anglican Church in Aotearoa, New Zealand and Polynesia” has two news items about the meeting.
Synod primed for covenant debate
New archbishop likely to be named at General Synod
But that appears to be all that is officially available online. In particular, none of the papers are available. This does not please everybody and Bosco Peters says put General Synod online.
3 CommentsNancy Doyle asks on the Charities_Parliament blog Was Lord Carey right to question ruling made against Christian who refused to treat gay couple?
Tom Chivers at the Telegraph argues that Religious beliefs should not trump the laws of the land.
George Pitcher does not agree.
From Eastbourne comes Christians warned of increasing marginalisation in the UK, a report on a conference where Bishop Wallace Benn, Oak Hill principal Mike Ovey, and others attacked Lord Justice Laws:
“Lord Laws also believes something, he fails to see that he has a faith too … secularism fails to understand that it is a religion.”
And there is an interview with Bishop Benn over here: Wallace Benn on the marginalisation of Christians in the UK.
But best of all, in today’s Guardian Stephen Bates tells us how Anglican the judge at the centre of this controversy really is. In the Diary column he writes:
24 Comments…So just who is this wicked, secularist judge who doesn’t understand the former archbish’s concept of Christianity? Intriguingly, it turns out that Laws could scarcely be more Anglican if he tried…
Updated twice
Jonathan Wynne-Jones in the Telegraph has another exclusive, this time about traditionalists threatening to leave the Church of England.
Anglican bishops in secret Vatican summit
Bishops’ defection: A major new blow to the Anglican church
Update
Associated Press British bishops in defection talks with Vatican
…Rev. Keith Newton, the bishop of Richborough, said the trip consisted of “nothing more than exploratory talks” and denied a report in The Sunday Telegraph that he and his colleagues had secretly promised the Vatican they were ready to defect to Rome.
…Newton was joined in his most recent trip by Rev. Andrew Burnham, the bishop of Ebbsfleet, and Rev. John Broadhurst, the bishop of Fulham.
Burnham did not immediately return a call seeking comment, but Broadhurst also confirmed that the trip had taken place, although he declined to say what was discussed.
“I don’t want to be drawn on it,” he said, explaining that the issue “can damage both the Church of England and the Roman Catholic Church.”
Monday’s Times has a report by Ruth Gledhill that reports on the forthcoming publication of the proposed legislation at the end of this week.
See Synod to vote on final stage of code to allow women bishops.
99 CommentsThe Church of England is expected to pave the way for the consecration of women bishops when it publishes final proposals this week. The legislation, to be debated by the General Synod in July, will trigger a departure of some traditionalists to the Roman Catholic Church.
Sources told The Times that the legislation for women bishops would include no statutory provision for opponents. Instead, arrangements to allow traditionalist parishes to opt out of the oversight of a woman bishop are expected to be included in a voluntary code of practice. This will not be enough to placate a small number of leading Anglo-Catholics who fear that female bishops will “taint” the historic catholicity of the Church of England.The proposed legislation is to be sent to members of the synod on Friday…
Updated again Wednesday afternoon
May day opinion has links to several articles about this.
The Observer today has three articles on related topics:
First, on the front page, it has Rising Tory star Philippa Stroud ran prayer sessions to ‘cure’ gay people.
Then on page 7, there is Secret Christian donors bankroll Tories.
And on page 38, Henry Porter writes that A little bit of religious bigotry is tolerable in a healthy society.
Update
Andrew Brown writes at Cif belief on Bigotry and homelessness
The New Frontiers church to which Philippa Stroud belongs and where her husband is a major star is the fruit standard of fruit loopiness among English evangelical Christians. It was at a New Frontiers church in Brighton that I once went to hear the New Zealand evangelist Bill Surbritzky, a man who believes that not merely homosexuality but smoking and swearing are caused by demonic infestation. But it is very successful and it is not in the least bit American…
Cif at the polls covered this further, see No anger over Philippa Stroud?
And Cif belief has Feedback on Philippa Stroud
The Twitter aspect was dealt with comprehensively by Benjamin Cohen for Channel 4 News.
Ekklesia has more background on her husband.
Meanwhile, Andrew Brown also wrote about the Citizens UK meeting, see Faith trumps party politics.
7 CommentsSaturday 22 May
For nearly 400 years pilgrims have been drawn to Little Gidding in the north of the diocese of Ely, ever since the saintly Nicholas Ferrar and his family lived there in the early seventeenth century.
You are warmly invited to join the annual Pilgrimage to Little Gidding
commemorating the life and example of Nicholas Ferrar
This year’s pilgrimage is led by David Thomson, Bishop of Huntingdon, well-known blogger and occasional contributor to Thinking Anglicans.
Join the celebration of Holy Communion in Leighton Bromswold Church
whose restoration was funded by George Herbert and directed by the Ferrars
Share lunch with fellow pilgrims at the historic Green Man at Leighton Bromswold
Enjoy the gentle walk through the Huntingdonshire countryside
from Leighton Bromswold to Little Gidding
(about five miles along the country roads, with three short stations for prayer and rest)
Gather round the tomb of Nicholas Ferrar for prayer
Sing Evening Prayer at Little Gidding ‘where prayer has been valid’
(preacher: Bishop David Thomson; choir: the Hurstingstone Singers)
Delight in Tea and conversation at Ferrar House
For more details see www.littlegidding.org.uk/pilgrimage
10.30am: Holy Communion at Leighton Bromswold Church
12 noon: Pilgrims’ Lunch at the Green Man
1pm: First Station at the Hundred Stone at Leighton Bromswold, and start of Pilgrimage Walk
2pm (approx): Second Station at Salome Wood
2.45pm (approx): Third Station at Hamerton (refreshments and toilets available)
3.30pm (approx): Fourth Station at Steeple Gidding Church
4pm: Fifth Station — Prayers at the Tomb of Nicholas Ferrar at Little Gidding
followed by Pilgrimage Evensong and Tea
Born in London in 1592, Nicholas Ferrar gave up a life in commerce and politics to move to Little Gidding, with his mother and his brother and sister and their families, establishing a life of prayer and charitable works. Ordained deacon, he was the leader of the household, foremost in the life of prayer, study, and work, setting an example of devotion and spiritual life to the English Church that has stood as a beacon to those who have followed. Nicholas died on 4 December 1637, and his devout life and example have consecrated Little Gidding as a holy place to this day. Our pilgrimage to his grave not only honours his memory and devotion, but also binds us into that same story.
3 CommentsUpdated Saturday afternoon to add another favourite poet
The Archbishop of Canterbury gave an address at the Christian Muslim Forum Conference of Scholars, held at Lambeth Palace. Dialogue is a means of ‘God-given discovery’
This week’s The Question in The Guardian’s Comment is free Belief is Who’s your favourite religious poet? If you had to take one religious poet to a desert island, who would it be? And here are the replies.
Maggie Dawn A whole live poet for my desert island. I don’t want the bound works of any religious poet: I would rather have a real one, unbound, who would perform for me.
Alexander Goldberg The power to bring you home. There’s a wealth of beautiful and comforting imagery in Jewish liturgical poetry. That’s what I’d want on my island.
Alan Wilson Australian poet, Les Murray. It’s a close call: Milton would provide food for thought, but Murray instinctively recognises the glory of God in the natural world.
Luke Coppen RS Thomas. The great Welsh poet-priest didn’t aim to soothe, but to unsettle, with an unflinching record of his inner life.
Peter Thompson Friedrich Hölderlin. Hölderlin’s poems display those little shards of light which remind us of who we are and what we might become.
There is a general election in the UK on 6 May.
The Archbishops of Canterbury and York have written an article for the Church Times about the questions that, they say, should guide political choices. Read it here or here.
Sunny Hundal writes in the New Statesman about The right hand of God. Christian fundamentalists form a noisy wing of the Conservative Party, and their influence is growing fast.
Also in the New Statesman Sholto Byrnes asks Does it matter what our leaders believe?. The polite compromise between religion and state has served us well.
Nick Spencer in The Guardian writes that There is no Christian vote. Believers don’t form a single voting bloc in this country, but Christians are more likely to vote than “nones”.
Jonathan Bartley of Ekklesia describes Jesus’ alternative election strategy.
Christopher Howse in a Sacred Mysteries column in the Telegraph asks Is it always a sin to be cynical?
The Guardian has published two articles on what it means to believe in God.
Michael McGhee wrote about This tedious fixation on belief. What is it to believe in God? It may seem odd, but it’s not a matter of believing there is a God.
And in response Stephen Clark wrote about How to believe in God. Michael McGhee argued that there was no such thing as a belief in God. As a philosopher, I disagree.
Giles Fraser argues in the Church Times that There are limits to free speech.
8 CommentsLast week, before the McFarlane judgment was issued, the Church Times carried an article by Mark Hill entitled Judges should not be hand-picked.
One might be forgiven for thinking that Lord Carey of Clifton has generated more column-inches since retiring as Archbishop of Canterbury than he did when in office. His latest foray into the nation’s media is more than usually regrettable, as it strikes at the heart of the independence of the judiciary.
In a witness statement placed before the Court of Appeal on Thursday of last week, Lord Carey sought to lend his support to an application by Gary McFarlane that his case be heard by a specially constituted Court of Appeal comprising five Lords Justice who had “a proven sensitivity to religious issues”.
By what authority he sought to intervene is far from clear. He gave written evidence that, during his time as 103rd Archbishop of Canterbury, he was “responsible for the spiritual welfare of 70 million Anglicans in the worldwide communion” — a curious assertion in the light of the principle of autonomy underscored by the Lambeth Quadrilateral (See Press) His compulsion to intervene was couched as follows: “I am bound by my commitments as former Archbishop of Canterbury to defend the spiritual requirements of the Anglican Communion and of all sincere Christians. I am also bound to consider the rights of religious minorities.”
He seems to forget that, after he vacated the see of Canterbury, his successor inherited these responsibilities. As Monty Python would put it, he is an ex-Primate…
The same issue had comment on this topic by Andrew Brown in the Press column (scroll down past the pope stuff).
5 CommentsLORD CAREY’s impulse to self-dramatisation as a member of a persecuted Church is not as sinister as Cardinal Castrillón’s. Sorry, that was disrespectful: let me quote his proper dignities, as set out in the preamble to his witness statement: “I was the 103rd Archbishop of Canterbury and I was responsible for the spiritual welfare of 70 million Anglicans in the worldwide communion. I was created Lord Carey of Clifton upon retirement. . . Currently, I am Chancellor of the University of Gloucestershire, and I am the recipient of 12 Honorary Degrees. I am the author of 14 books.” Not even Baron Widmerpool could boast as much, and he had the advantage of an Eton education…
Updated twice
James Meikle Guardian Ex-archbishop attacks judges over gay counselling ruling
Independent
Jerome Taylor Church’s call for religious judges is rejected by Court of Appeal and
Robert Verkaik Lord Carey’s proposal is a step back to medieval days and
Steve Clifford If Christians are marginalised, it is not just the fault of secular society
Steve Doughty Daily Mail Judge rules Christians have NO special rights as he throws out case of sex therapist who refused to work with gay couples
Telegraph
John Bingham Gary McFarlane: judge’s assault on ‘irrational’ religious freedom claims in sex therapist case and
Gary McFarlane: the counsellor whose case led to warnings of ‘civil unrest’ and
Michael Nazir-Ali The legal threat to our spiritual tradition
Andrew Brown Cif belief Carey slapped down by senior judge
Neil Addison What is Religious Discrimination ?
Heresy Corner Laying down the Laws
Philip Henson Cif belief Carey’s intervention backfires
And here is an older article by him , written before the judgment, which I failed to link to previously.
The church cannot claim ‘superior right’
Christian Institute Christian counsellor appeal turned down
Letter to The Times (Saturday edition) Christian courts
22 CommentsIn his judgment, Lord Justice Laws said this…
20. …But they do not confront deeper concerns expressed in Lord Carey’s statement and in Mr Diamond’s argument. These are to be found for example in the references to an alleged want of understanding or sensitivity on the part of the courts in relation to the beliefs espoused by Lord Carey and others: “a lack of sensitivity to religious belief” (paragraph 10 of the witness statement).
21. These concerns are formulated at such a level of generality that it is hard to know precisely what Lord Carey has in mind. Broadly, however, the argument must be that the courts ought to be more sympathetic to the substance of the Christian beliefs referred to than appears to be the case, and should be readier than they are to uphold and defend them. The beliefs in question are not specified by Lord Carey. Since his statement is given in support of the applicant’s case, it must be a fair assumption that they include what is expressly stated at paragraph 21 of Mr Diamond’s skeleton argument of 23 December 2009:
“To the religious adherent ‘Religion’ is the route to salvation:-
- The fear of hell is central to the appellant’s religious belief; and individuals ought to be informed of the consequences of hell;
…- The proposition of the appellant’s religious belief is that sin will have eternal consequences. Those who do not repent will go to hell when they die…”
22. In a free constitution such as ours there is an important distinction to be drawn between the law’s protection of the right to hold and express a belief and the law’s protection of that belief’s substance or content. The common law and ECHR Article 9 offer vigorous protection of the Christian’s right (and every other person’s right) to hold and express his or her beliefs. And so they should. By contrast they do not, and should not, offer any protection whatever of the substance or content of those beliefs on the ground only that they are based on religious precepts. These are twin conditions of a free society.
23. The first of these conditions is largely uncontentious. I should say a little more, however, about the second. The general law may of course protect a particular social or moral position which is espoused by Christianity, not because of its religious imprimatur, but on the footing that in reason its merits commend themselves. So it is with core provisions of the criminal law: the prohibition of violence and dishonesty. The Judaeo-Christian tradition, stretching over many centuries, has no doubt exerted a profound influence upon the judgment of lawmakers as to the objective merits of this or that social policy. And the liturgy and practice of the established Church are to some extent prescribed by law. But the conferment of any legal protection or preference upon a particular substantive moral position on the ground only that it is espoused by the adherents of a particular faith, however long its tradition, however rich its culture, is deeply unprincipled. It imposes compulsory law, not to advance the general good on objective grounds, but to give effect to the force of subjective opinion. This must be so, since in the eye of everyone save the believer religious faith is necessarily subjective, being incommunicable by any kind of proof or evidence. It may of course be true; but the ascertainment of such a truth lies beyond the means by which laws are made in a reasonable society. Therefore it lies only in the heart of the believer, who is alone bound by it. No one else is or can be so bound, unless by his own free choice he accepts its claims.
24. The promulgation of law for the protection of a position held purely on religious grounds cannot therefore be justified. It is irrational, as preferring the subjective over the objective. But it is also divisive, capricious and arbitrary. We do not live in a society where all the people share uniform religious beliefs. The precepts of any one religion – any belief system – cannot, by force of their religious origins, sound any louder in the general law than the precepts of any other. If they did, those out in the cold would be less than citizens; and our constitution would be on the way to a theocracy, which is of necessity autocratic. The law of a theocracy is dictated without option to the people, not made by their judges and governments. The individual conscience is free to accept such dictated law; but the State, if its people are to be free, has the burdensome duty of thinking for itself.
25. So it is that the law must firmly safeguard the right to hold and express religious belief; equally firmly, it must eschew any protection of such a belief’s content in the name only of its religious credentials. Both principles are necessary conditions of a free and rational regime.
You can learn something more about Paul Diamond by reading this interview with him in last week’s Church Times.
7 Comments